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August 24, 2012

In reply, refer to 8422

Docket Management Facility

U.S. Department of Transportation

1200 New Jersey Ave., S.E.

West Building Ground Floor

Room W12-140

Washington, DC 20590

REFERENCES: 

(1) FAA Project ST15315LA-T, Boeing 747-400F Upper Deck Conversion and In-Flight Access 

to Main Cargo Deck.

(2) BaySys original submission for this petition, dated March 20, 2012.

(3) BaySys updated submission, April 26, 2012

(4) Email from LA ACO, announcing transfer of STC project from NY ACO to LA ACO due to 

schedule sequencing, May 03, 2012. 

(5) FAA comments, dated May 17, 2012.

(6) BaySys updated submission, dated June 16, 2012.

(7) FAA Comments, dated July 10, 2012.

SUBJECT - Petition for Exemption from the Federal Aviation Regulations 14 CFR Part 25

Summary of Contents

1 AIRPLANE MODEL. .....................................................................................................................2

2 REGULATIONS .............................................................................................................................2

3 PURPOSE........................................................................................................................................2

4 REFERENCES ................................................................................................................................3

5 SPECIFIC RELIEF..........................................................................................................................4

a. 25.785(d) (amendment 25-64)..................................................................................................4

b. 25.807(c)(1) (25-67).................................................................................................................7

c. 25.807(c)(5) (25-67).....................................................................................................................7

d. 25.809(f)(1) (25-47) ...............................................................................................................12

e. 25.813(b) (25-46) ...................................................................................................................13

f. 25.813(e) (25-46) .......................................................................................................................13

g. 25.857(e) (25-60)....................................................................................................................16

h. 25.1447(c)(1) (25-41).............................................................................................................17

6 SPECIFIC REGULATIONS IN COMPLIANCE.........................................................................19

a. 25.561(c).................................................................................................................................19

7 PUBLIC INTEREST .....................................................................................................................21

8 REQUEST TO WAIVE PUBLICATION AND PUBLIC COMMENT.......................................23

9 SUMMARY...................................................................................................................................23
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NOTE: Track Change bars in margins show the changes from prior submission.

1 AIRPLANE MODEL. 

This petition is submitted in support of modifications to a Boeing B747-400F freighter Supplemental 

Type Certificate (STC) project number ST15315LA-T (which has replaced the original ST7169NY-T

due to change from NY to LA ACO). The applicable Type Certificate Data Sheet is A20WE with a 

certification basis of Part 25 of the FAR effective February 1, 1965, as amended by Amendments 25-

1 through 25-67. 

This submission is an update to the prior submissions. Changes are marked by change bars in the 

margins.

2 REGULATIONS

A supplemental type certificate (STC) project has been submitted to the NY Aircraft Certification 

Office in support of this project. In order to comply with 14CFR regulations, this petition is therefore 

submitted to request that the identified model airplane as identified in this STC project be exempted 

from 14 CFR part §25 Regulations: 

 25.785(d) (amendment 25-64), Firm handhold on the main cargo deck;

 25.807(c)(1) (amendment 25-67), two Type III exits, one on each side on the upper deck;

 25.807(c)(5) (amendment 25-67), requirement for Type III exit in lieu of Type IV due to 

overwing constraints ;

 25.809(f)(1) (amendment 25-47), Assist mechanism (slide) from Emergency exits

 25.813(b) (amendment 25-46), assist space next to emergency exits;

 25.813(e) prohibits installation of interior doors between passenger compartments.

 25.857(e) (amendment 25-60), Class E cargo Compartment use for cargo only; 

 25.1447(c)(1) (amendment 25-41) automatic presentation of O2 masks while in cargo bay.

In addition, this petition proposes a definition of Supernumeraries who may have limited access to the 

main deck cargo compartment, that mirrors the classifications listed in 14CFR 121.583 (a)(1)-(7).

This petition documents that this STC project will meet the requirements of 25.561(c), specifically 

that our modification will ensure that main deck cargo will, if cargo breaks loose, be unlikely to 

nullify the escape route proposed in this petition. This is discussed in new section 6, below. 

3 PURPOSE

The owner/operator of the aircraft desires to use this freighter aircraft for types of cargo that require 

care, or inspection, or both, during flight (e.g., live animals and/or hazardous materials), in addition 

to continuing the original mission of carrying cargo freight. To support this usage of the aircraft, the 

owner/operator has requested to increase the number of personnel carried on the upper deck from 8 

persons @ taxi, takeoff and landing (TTL) (comprising of 10 seats - four seats on the flight deck and 

six seats on the upper deck) to a maximum total of 19 taxi takeoff and landing (TT&L) seats (four 
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flight crew seats on the flight deck and up to 15 additional persons). These additional 15 persons may 

be qualified as ―Supernumeraries‖ as defined herein, and once trained and qualified and during 

specific flight operations as listed below, may be permitted access to the main deck cargo area in 

flight under limitations listed below. The designation of and purpose of supernumeraries is discussed 

in subparagraph 5.a.3. below. As these purposes and the necessary configuration of the aircraft is not 

in accord with the regulations of 14CFR part 25; this petition is therefore submitted to request 

specific exemptions from 14CFR part 25 regulations.

Summary of the proposed operations of the aircraft and applicability of this proposed exemption:

a. Operations for carriage of live animals on the main cargo deck that requires care and

inspection during flight. During these operations, the following are excluded from carriage: 

hazardous material whose carriage is governed by regulations in 49 CFR Part 175. For these 

operations, the maximum proposed TTL person count is 19 on the upper deck, of which 15 are 

designated as Supernumeraries who, when trained and qualified, may be authorized access to 

the main cargo deck during flight under limitations proposed herein. During these operations 

and in case of emergency landing, the egress path and related cargo deck limitations are as 

proposed herein. 

b. Operations for carriage of cargo. During these operations, the following are excluded from 

carriage: live animals. For these operations, the maximum proposed TTL person count is 19 

on the upper deck; with no access to the main cargo deck during flight. During these 

operations and in case of emergency landing, the egress path and related cargo deck 

limitations are as proposed herein.

c. Operations as originally specified in the TCDS; carrying cargo; with a maximum of 8 persons 

on upper deck as per TCDS, with no access to the main cargo deck during flight. During 

these operations the emergency egress path is as originally designated per TCDS, via the 

upper deck R1 right door or emergency hatch. 

4 REFERENCES

 Type Certificate Data Sheet A20WE, Boeing 747

 FAA Exemption 1870E, pertaining to B747-400F: Exemption from 14 CFR 25.807(c)(1), 

25.807(c)(5), 25.809(f)(1), 25.813(b), Allowance of non crew members on the upper deck of 

747-200F, 747-200C, certain 747-100 airplanes when in the main deck cargo configuration, 

and 747-400F. (Exemption No. 1870E dated September 8, 1993)

 FAA Exemption 6463, pertaining to B747-100/200 cargo aircraft. 

 FAA Exemption 7900, pertaining to B747-100/200 cargo aircraft. 

 FAA Exemption 8587B, pertaining to B747-400 (―combi‖) aircraft

 FAA Exemption 8536A, pertaining to Boeing 747-100, 747-100B, 747-100B SUD, 747-200B, 

747-200C, 747-200F, 747-400, 747-400F.

 NM-09-27, Special Airworthiness Information Bulletin: In-flight access to Class E cargo 

compartments, May 12, 2009
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 FAA STC project number ST15315LA-T

5 SPECIFIC RELIEF

a. 25.785(d) (amendment 25-64)

Requires that if the seat backs do not have a firm hand hold, there must be a hand grip or rail along 

each aisle to enable occupants to steady themselves while using the aisles in moderately rough air, as 

there are no seatbacks and only cargo boxes or empty slots in the main cargo deck and a firm 

handhold may not be available.

Discussion:

1. We note that Exemption 8587B grants an identical petition for 25.785(j) (at a newer 

amendment), for relief from firm handhold for a similar proposal. 

2. The main cargo deck does not have a handrail installed, nor bag bins. The likely 

configuration will contain only cargo boxes, including those with live animals, and may also 

have empty pallet locations. Therefore there will be walls upon which to lean but no specific 

firm handholds the length of the main cargo deck. 

3. Purpose of personnel on the main cargo deck in flight:

a. In order to optimize the usage of the Boeing Model 747-400F as a cargo airplane 

carrying animals or other cargo requiring care, operators need to be able to accompany 

their cargo by people whose function is to take care of sensitive cargo and loading and 

unloading tasks at any port of arrival. Their presence in the aircraft ensures they will 

be immediately available on arrival to handle the cargo. This is most important in case 

of transport of perishable goods, items of value, etc. 

b. Some of the cargo items being transported may include live animals, hazardous 

materials, or valuable or perishable goods that cannot be left unattended, even for the 

duration of the flight, and the presence of personnel trained and qualified in their 

handling is necessary on the aircraft on which they are carried. In-flight inspection of 

the cargo, especially live animals and hazardous materials, enhances safety. 

c. Some of the locations serviced by the cargo carriers may not have ground maintenance 

centers capable of performing necessary tasks for the operator aircraft nor passenger 

flights to carry maintenance personnel to the location. The ability to transport company 

maintenance personnel on company flights increases flexibility of operation. 

d. Non-crewmember passengers carried on Boeing Model 747-400F airplanes are 

limited. These non-crewmembers, referred to below as ―supernumeraries‖, shall be

i. physically capable of performing their emergency and normal cargo handling 

duties; and 

ii. briefed in the aircraft-specific limitations and use of emergency equipment; and

iii. Permitted access to the main cargo deck during climb, cruise and descent 

segments of flight in accord with limitations of this exemption and the 

approved STC.

e. ―Supernumeraries‖ per 121.583 (a)(1) thru (7) may include:

i. A crewmember.

ii. A company employee.
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iii. An FAA air carrier inspector, a DOD commercial air carrier evaluator, or an 

authorized representative of the National Transportation Safety Board, who is 

performing official duties

iv. A person necessary for—

1. The safety of the flight;

2. The safe handling of animals;

3. The safe handling of hazardous materials whose carriage is governed by 

regulations in 49 CFR Part 175;

4. The security of valuable or confidential cargo; 

5. The preservation of fragile or perishable cargo;

6. Experiments on, or testing of, cargo containers or cargo handling 

devices;

7. The operation of special equipment for loading or unloading cargo; and

8. The loading or unloading of outsize cargo.

9. A person described above, when traveling to or from his assignment. 

10. A person performing duty as an honor guard accompanying a shipment 

made by or under the authority of the United States.

11. A military courier, military route supervisor, military cargo contract 

coordinator, or a flight crewmember of another military cargo contract 

air carrier or commercial operator, carried by a military cargo contract 

air carrier or commercial operator in operations under a military cargo 

contract, if that carriage is specifically authorized by the appropriate 

armed forces.

12. A dependent of an employee of the certificate holder when traveling 

with the employee on company business to or from outlying stations not 

served by adequate regular passenger flights.

v. Supernumeraries will be permitted access to the main cargo deck during climb, 

cruise, and descent portions of flight in accord with limitations expressed in 

this exemption petition.

f. Supplemental Oxygen will be discussed in a separate paragraph.

g. A smoke barrier will be established and maintained to isolate the upper deck at all 

times, except during passage through the barrier as a Supernumerary ascends or 

descends to the main cargo deck.

h. Handhold provisions in the upper deck per the requirements of CFR 25.785(j) are 

retained from the passenger configuration. Since installation of handholds in the main 

deck cargo compartment is impractical, an acceptable level of safety is provided by the 

crew operated alert system ability to indicate, at the onset of turbulence to 

Supernumeraries in the cargo compartment, to return to their seats. This mitigation 

parallels that approved in similar FAA approved exemptions for 747 cargo aircraft.

i. Alerting. We propose installation of a modified Aural-Visual alerting system. This 

installation will also require Flight Manual Supplement limitations for operations and 

preflight briefings. There are two separate alerts:

i. Decompression and Smoke/Fire Alert:
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An automatically activated aural and visual decompression and smoke/fire alert 

will be provided and immediately recognizable in accessible areas of the Class 

E cargo compartment to notify supernumeraries when to don the portable 

oxygen units, return to their seats and ensure that the smoke barrier is secured 

(i.e., the doors are closed). As a backup to the automated alert system, the 

flightcrew will be able to manually activate the alerts. The pre-flight briefing 

will include training in the sound of the alert, the meaning of the alert, and the 

response to the alert (i.e., procedures for donning the masks and activating the 

flow of oxygen). 

ii. Turbulence Alert: 

A flightcrew member operated visual alert, which is recognized in the 

supernumerary seating area and in accessible areas in the Class E cargo 

compartment, will be installed to indicate, during turbulence or predicted 

turbulence, that persons must return to their seats. The alert will be clearly 

distinguishable from the decompression/fire/smoke alert, so that 

supernumeraries do not waste time putting on the oxygen masks before 

returning to their seats. Appropriate procedures and limitations must be 

established to ensure that the flightcrew member alerts the supernumeraries to 

return to their seats at the onset of turbulence. The pre-flight briefing must 

explain this alert to the supernumeraries.

iii. Alerting Requirements: 

1. Each shall be distinctive and effective. The alert for turbulence will be 

clearly distinguishable from the alert for decompression & fire/smoke. 

2. Visual alerts will be visible from all occupant locations and 

orientations, during all expected operational conditions including a 

rapid decompression where moisture in the air may condense. 

3. Aural alerts will be loud enough to be heard during all expected 

operational conditions including a rapid decompression where the 

ambient noise level will increase. 

j. The Public address system will be extended to the main cargo deck; to permit 

announcements from the flight deck or any interphone location. 

k. Intercom phones (interphone) will also be placed on the main cargo deck for two way 

communications.

l. A Flight Manual supplement shall include the requirement for flight crew pre-flight 

briefing of the Supernumeraries, including procedures of egress to the Class E 

compartment, and of emergency procedures including the aural-visual alert signals, 

smoking, emergency exits, safety equipment, etc. Flight Manual supplement shall 

include the flight crew procedures related to the operation of Class E aural-visual alert 

signals.

m. This modification includes a limitation that this aircraft be operated on a private, notfor-common-carriage-of-passengers basis.
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b. 25.807(c)(1) (25-67)

Provides, in part, a requirement for Two Type III exits, one on each side on the upper deck, for a 

passenger (TTL) count of between 10 through 19. See discussion in para c below

c. 25.807(c)(5) (25-67)

―... For airplanes on which the vertical location of the wing does not allow the installation of 

overwing exits, an exit of at least the dimensions of a Type III exit must be installed instead of each 

Type IV exit required by subparagraph (1) of this paragraph.‖

Discussion:

1. We note that Exemption 1870E grants a similar exemption from these regulations; 1870E 

applies to this aircraft by model; however the new proposed configuration exceeds the 

limitations of number of persons per 1870E and the TCDS; nor does 1870E permit access to 

the main cargo deck in flight.

2. Configuration of TTL on upper deck with respect to egress:

Right Side

a. This aircraft upper deck currently has a right hand door that measures 24‖x48‖ (and 

meets Type I size, which is larger than Types II, III, IV); As this exit has a step up 

feature, it cannot properly be classified as a Type I. However, it was approved for 

emergency exit for the quantity of persons in flight deck and upper deck seating per 

1870 original grant of exemption. An escape slide device is on this door that is 

manually deployed and automatically inflated; this slide is capable of withstanding a 

25 knot wind. We propose to maintain this slide. 

b. In accord with exemptions 8536A and 8587A, this door with manually deployed and 

automatically inflated slide has been approved for evacuation of up to 24 persons in a 

similar aircraft; therefore we estimate that all 19 persons proposed in this petition 

could safely exit from the right side of the aircraft in the event of an emergency 

landing.

c. As an alternative, in case this door is found unacceptable as configured, a modification 

to install supplemental inertial drop reels to provide for evacuation of up to all 19 

persons from the upper deck via the right hand door would be proposed. As this 

mitigation is already approved for up to 19 persons on the upper deck per TCDS 

A20WE in the case of the 747-200F, we believe this would be acceptable without 

demonstration of a right hand evacuation. 

Left Side 

d. There is also an existing emergency hatch located on the left flight deck that currently 

satisfies the flight crew escape requirements per 25.805. This was approved in

Exemption 1870 for use as the second exit for upper deck passengers, using inertial 

drop reels and harness provisions that are installed in the overhead of the upper deck, 

to a maximum of 8 persons. 

i. In accord with exemptions 8170 (initial through E), this hatch with inertial drop 

reels has been approved for evacuation of up to 8 persons.
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ii. Therefore if the upper passengers are increased to 19, then 11 of those could 

not be shown to exit the aircraft from this emergency hatch within 90 seconds, 

unless other testing or an alternate path is shown to be compliant.

iii. We therefore propose an alternate left side path for evacuation for at least 11 of 

the 19 persons proposed for upper deck TTL positions.

e. Lower Deck evacuation left side, required any time more than 8 persons are carried on 

the upper deck.

i. We propose that a second left hand side door, L1 on the main cargo deck, be 

utilized for evacuation on the left hand side, in case the upper right hand door 

is blocked and only the emergency hatch is available on the left side. 

ii. There are several precedents for use of a main deck exit for passengers seated 

at TT&L on the upper deck, reference the type certificate A20WE, for 747’s 

configured for commercial operations. Reference TCDS A20WE and special 

conditions 25-61-NW-1, 25-71-NW-3; and 25-430-SC. The situation in this 

aircraft is more conservative than a passenger configured aircraft: in that this 

aircraft is intended for private use and the upper deck passengers would be 

―Supernumeraries‖ (both physically qualified and specifically trained in the 

aircraft configuration and evacuation procedures). This training/qualification 

process can be reasonably expected to ensure that Supernumeraries are more 

physically able and more mentally ready (than the average commercial 

passengers) to evacuate the upper deck, if necessary, via the stair to the main 

deck and then out the L1 door escape slide. We propose to demonstrate this by 

test. 

iii. Moreover, we propose that the stair between upper deck and main cargo deck 

be constrained by conditions similar to those of 25-430-SC; specifically:

1. The stairway must be essentially straight.

2. The stairway must have essentially rectangular treads.

3. With the airplane in level attitude and in each attitude resulting from 

the collapse of one or more legs of the landing gear, the stairway must 

have entrance, exit, and gradient characteristics that allow the upper 

deck supernumeraries to evacuate and exit the airplane through the L1 

main deck exit. This must be shown by demonstration, tests, analysis, 

or any combination thereof.

4. The stairway must accommodate the carriage of an incapacitated 

occupant from the upper deck to the main deck. The crewmember 

procedures for such carriage must be established and included in the 

airplane flight manual. 

5. The stairway must be located to provide occupants an adequate descent 

rate under probable emergency conditions, including a condition in 

which an occupant falls or is incapacitated while on the stairway. 

6. The stairway must be designed and located to minimize damage to its 

structure during an emergency landing or ditching.

7. General illumination must be provided so, when measured along the 

center lines of each tread and landing, the illumination is not less than 
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0.05 foot-candle. This is in lieu of compliance with Sec. 25.812(c), at 

Amendment 25-116. 

8. Means must be provided to assist supernumeraries in locating the 

stairway in dense smoke conditions as part of compliance with Sec. 

25.811(c), at Amendment 25-88.

9. An emergency exit sign meeting Sec. 25.812(b)(1)(i), at Amendment 

25-116, must be provided in the upper deck near the stairway visible to 

supernumeraries on the upper deck as required by Sec. 25.811(d)(1), at 

Amendment 25-88.

10. Floor proximity lighting required by Sec. 25.812(e), at Amendment 25-

120, must be provided along the stairs.

11. The stairway must have a handrail on at least one side to allow 

occupants to steady themselves during foreseeable conditions, including 

but not limited to, gear collapse on the ground and moderate turbulence 

in flight. The handrail(s) must be constructed so there is no obstruction 

on them that will cause the user to release his/her grip or hinder the 

continuous movement of the hands along the handrail. Handrail(s) must 

be terminated in a manner that will not interfere with occupants walking 

by or create a hazard (such as catching clothing). Applicant must 

demonstrate that the design can accommodate the stature of a fifth 

percentile female and a ninety-fifth percentile male.

12. The public address system must be intelligible in the stairway during 

all flight phases. 

13. "No smoking" and "return to seat" signs must be installed and visible 

in the stairway both going up and down and at the stairway entrances.

14. During any flight operation where more than eight persons are on the 

flight, the stair must remain installed between upper and main decks 

during the entire during of the flight.

iv. Comments on the Stair: In the event of failure of landing gear on one side, and 

aircraft tipover, calculations show that the maximum increased angle will be 

approximately five degrees. The existing stair, with both non-skid treads and 

firm railing, is easily navigable at any angle both plus and minus five degrees 

for a physically fit individual. The writer draws on 20 years of commissioned 

Naval service on numerous US Naval ships and 12 years of actual continuous 

sea time, climbing similar stairs in all weather and sea states both inside and 

external to the ship with roll & pitch exceeding 5 degrees and the additional 

constraint of yaw, in stating this opinion. 

v. Pictures of the Stair are included for clarification, showing the location of the 

stair in very close proximity to the L1 door.
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Figure 1 Main Cargo Deck, facing Forward

 

Figures 2 & 3 Stairs, looking up and down to L1 
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f. Discussion of Smoke propagation.

i. In reference 7, the FAA requested BaySys provide test data showing 

concentration /density of smoke present in the stairwell, upper deck and flight 

deck under specified conditions; BaySys will conduct such testing. A copy of 

the company test plan will be provided to the FAA, as well as the results, 

including video documentation.

ii. This testing will document whether there is a significant ―smoke chimney‖

effect in case of emergency landing where ECS is turned off and evacuation is 

ordered, and both the emergency hatch and the L1 door are used, thereby 

potentially introducing a path for smoke propagation via the stair into the upper 

deck and out the right upper deck door and/or emergency hatch. We note that 

the aircraft is not yet modified in any way to include the proposed changes to 

the smoke barrier, emergency lighting, etc; therefore the testing for smoke

demonstration (and evacuation) will be in conditions more severe than 

anticipated in the aircraft.

iii. Company testing data will show not only an anticipated level of smoke but also 

the ability of a crew to exit via the stairs and L1 door in dense smoke 

conditions, within acceptable timeframes. The company test plan includes 

training/qualification of a similar nature that will be required of 

―supernumeraries‖ as discussed in this petition. 

iv. Due to the nearly straight path down the stair and out the L1 door, and armslength distance between the bottom of the stair and the L1 door (see pictures in 

figures 2 & 3) , we believe that it is very likely that a trained, qualified and 

physically fit crew can don breathing devices/masks, descend the stairs and exit 

the L1 door within 90 seconds. In addition, if shown necessary by an excessive 

smoke chimney effect during company testing, we also believe the flight deck 

crew can also don breathing devices/masks and exit the emergency hatch 

within 90 seconds. 

g. Proposed Limitations include: 

i. Reactivation of automatic slide on L1, to include life raft provisions.

ii. Requirement to maintain the stair locked in the down position during all phases 

of flight when TTL count exceeds 8;

iii. Requirement that the smoke barrier be frangible, if the smoke barrier is of a 

solid construction.

iv. Meet the proposed limitations listed above in paragraph (5.c.2.e.iii)

v. Demonstration by test that at least 11 of 19 persons can descend and exit via 

the L1 door; including an incapacitated person, with a goal to show that all 

19 persons located on the upper deck are able to exit within the prescribed 90 

second time limit.

vi. Flight Manual entries that mandate these operational limitations.
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vii. Inclusion of this evacuation plan in the FAA approved training plan for this 

exemption & STC.

d. 25.809(f)(1) (25-47)

Requires, in part pertinent to the certification basis of the 747-400F, that each passenger emergency 

exit (other than over wing exits) located more than 6 feet from the ground must be provided with a 

self-supporting slide or equivalent to assist the occupants in descending to the ground. It further 

defines certain criteria for the assist means: automatic deployment capabilities; maximum erection 

times; and, usability under certain landing gear collapse conditions and 25-knot wind conditions. 

Discussion:

1. We note that Exemption 1870E grants a similar exemption for these regulations; 1870E 

applies to this aircraft by model; however the new proposed configuration exceeds the 

limitations of number of persons; nor does 1870E permit access to the main cargo deck in 

flight.

2. On the right side of the aircraft,

a. While 25.809(f)(1) requires automatically deploying assist means, we note that the 

right hand door already is configured with manually opened door with an 

automatically deployed slide that meets the requirements of 25.809(f)(1). Citing the 

precedent of 1870E and Boeing’s reported experience with 747 model aircraft 

equipped with this means as discussed in 1870E, we feel that this right hand door 

provides an adequate means of egress when combined with limitations on 

Supernumeraries as discussed above, e.g. ―.. physically capable‖ and ―...specifically 

briefed‖ for up to 19 persons as proposed in this petition. This escape means has been 

demonstrated to be effective at providing safe evacuation of occupants to the ground.

b. A large number of Boeing 747-200F/200C and 400F aircraft have the manually 

deploying slide; commonality of configuration and crew training is an economic 

benefit.

c. A Boeing survey of similar aircraft (discussed in 1870E), documented that the majority 

of affected airplanes in service are equipped with manually deployed slides. No 

adverse experience has been reported with these manually deployed slides provided for 

specially trained "crew," which suggests the validity of a determination at this point to 

continue to allow them.

d. All the persons carried as supernumeraries will be specially trained and qualified in the 

escape methods listed above; moreover none of these persons will be ―commercial‖ or 

fare-paying. Therefore a higher expectation of their capability and familiarity with the 

exit systems is anticipated.

e. The Boeing 747 installed slides per the Type Certificate meet the existing 25 knot 

wind requirement; we propose to maintain this capability without change.

f. As an alternative in case this door is found unacceptable as configured, a modification 

to install supplemental inertial drop reels to provide for evacuation of up to all 19 

persons from the upper deck via the right hand door would be proposed. As this 

mitigation is already approved for up to 19 persons on the upper deck per TCDS 
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A20WE in the case of the 747-200F, we believe this would be acceptable without 

demonstration of a right hand evacuation demonstration. 

3. On the left side of the aircraft, 

a. The overhead hatch is outside this regulation and discussed elsewhere, approved for 

use by up to 8 persons with use of inertial drop reels.

b. The activation of the L1 door entails modification to the door assembly to install an 

airline-style automatically inflating slide

4. We estimate that, if our proposal to use the existing right hand door as is and modify L1 to 

add an escape slide, the proposed new configuration will be in compliance; however if we use 

inertial drop reels through the right side door then we request to be exempted from the 

―automatically deployed‖ requirement of 25.809 as the inertial drop reels provide adequate 

means to escape but do not automatically erect as required.

 

e. 25.813(b) (25-46)

Assist space next to emergency exits;

Discussion:

1. We note that Exemption 1870E grants a similar exemption for these regulations; 1870E 

applies to this aircraft by model; however the new proposed configuration exceeds the 

limitations of number of persons; nor does 1870E permit access to the main cargo deck in 

flight.

2. Assist space configurations. 

a. The upper deck right hand door exit does not have adequate space to provide the 

required assist space during an evacuation. 

b. Adequate space has been demonstrated to be available in the cockpit for flight crew to 

assist "crew" in evacuating from the cockpit hatch.

c. Adequate space exists in the vicinity of the L1 door exit to provide assistance during 

evacuation. 

3. The flight crew and the supernumeraries will both be specially trained and benefit from a 

higher level of aircraft knowledge than the common public on a commercial carrier. Their 

training will include the safety procedures and evacuation methods to include upper deck 

slides, evacuation, and the inertial reels/harnesses. As the inhabitants will not be paying 

passengers but rather be either flight crew or specially trained and qualified 

―supernumeraries‖, we feel that the added benefit of this assist space is more than 

compensated for by the training. We feel this provides an adequate level of safety in excess of 

that that would be provided by a crew assist space next to the right hand exit door. 

4. We therefore request exemption from this regulation for the upper deck escape door in this 

configuration; to waive need for an assist space next to the right hand upper deck crew service 

door.

f. 25.813(e) (25-46)

Prohibits installation of interior doors between passenger compartments and exits.

Discussion:

1. We have proposed above to use a left hand evacuation route that includes descent through the

upper deck smoke barrier, down the stair to the main deck, and out L1. 
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2. The upper deck smoke barrier is a hard door that opens on the upper deck.

3. We propose to reengineer this smoke barrier/ door and operational procedures to ensure this 

door is safe for occupant use. Similar to other granted exemptions for doors submitted by 

BaySys (9741, 9762), These limitations include:

a. Lock the door at the top of the stairs between upper deck and the main cargo deck in 

the open position during taxi, takeoff and landing. As this door is within visual 

distance of the crew, no special annunciation is required; however a limitation to 

ensure flight crew verifies door is in the correct position will be added to the Flight 

Manual. . 

b. Reengineer the door at the top of the stairs to be frangible

c. Add this limitation to the Flight Manual Supplement, that Flight deck crew must verify 

prior to TTL that the door is locked in the correct position. As this door is so close to 

the cockpit, additional annunciation is not required.

d. Ensure portable breathing equipment is available that will provide a minimum of 90 

seconds of air, in the event of an evacuation event after a landing via L1 if smoke 

exists. We envision a device similar to these listed below. While these may be 

considered a novel feature in terms of 14CFR part 25, devices generically named 

SEED (Supplementary Emergency Escape Device) have been developed for use in 

emergency aircraft and in emergency maritime situations and used successfully for 

egress from aircraft and ships during fire and crash situations, much more rigorous 

than the proposed 747-400F evacuation route. SEED Samples include 

i. HEED 3 http://www.heed3.com/index.html

ii. Oceano M-20.2 http://www.ocenco.com/m20/english.html

e. Note: We envision that Portable breathing equipment for emergency evacuation after 

landing (a.k.a. SEED) are not the same as those required for supernumeraries while in 

the cargo bay during flight (PBE). While a PBE provides sufficient breathable 

atmosphere to support the requirements that a SEED satisfies, a SEED cannot fulfill 

the requirements that a PBE can address.

f. Locate portable breathing devices (SEED) on the upper deck, in close proximity to the 

doorway that descends to the main deck, for use only in evacuation. The quantity 

required is the person count plus two. 

g. Note: the envisioned SEED devices do not pose a damage threat to an escape slide as 

there is no excess heat or sharp edges that may compromise an inflated slide.

h. SEED images are provided for one sample SEED
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Figure 3 "SPARE AIR" SEED Device (p/n 175-001) by Submersible Systems, Inc.
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i. Product Specification data for this ―Spare Air‖ SEED, manufactured by Submersible 

Systems. Inc, are shown below:

SEED (HEED 3) SPECIFICATIONS

MODEL # 175-001 / 175-002 300-001 / 300-002

Length 8.75" / 22.23 cm 13.4‖ / 34 cm

Diameter 2.25" / 5.71 cm 2.25" / 5.71 cm

Weight (full) 1.51 lb / .687 kg 2.17 lb. / .985 kg

Cylinder Pressure Rating 3000 psi / 200 bar 3000 psi / 200 bar

Cylinder Volume 1.7 cu ft / 48 liters 3.0 cu ft / 85 liters

Duration of Air Supply 30 breaths at surface 57 breaths at surface

Cylinder Material Aluminum – black anodized

Pressure Relief Integrated in Regulator

Regulator Type Balanced Single Stage

Operational Temp. -22°F (-30°C) to +158°F (+70°C)

Altitude Testing 35,000 feet

Burst Disc Rate 3300 psi; Bursts between 4500-5000 PSI

Buoyancy Nearly Neutrally buoyant

Cylinder DOT Rating DOT 3AL 3000. Due to this tank rating the HEED requires 

hydro testing every 5 years.

Duration of Breathing

Approx. 2-5 minutes. Varies upon user’s lung capacity, 

physical exertion, depth of usage in water and several other 

factors.

j. Demonstrate by test(s) that:

i. that the upper deck passengers can egress via L1 within the required timeframe 

(see discussion in paragraph on 25.807 above)

ii. emergency evacuation within the proscribed time limits is feasible while using 

SEED devices without damage to escape slide.

iii. that the door is frangible and may be opened by a fifth percentile female in case 

of door malfunction, and then egressed by a 95 percentile male; 

iv. that the reengineered smoke barrier/door maintains smoke barrier properties;

k. Include these measures in the supernumerary and flight crew training.

4. We therefore request exemption from this rule given the mitigating steps listed above.

 

g. 25.857(e) (25-60)

Defines the attributes of a Class E cargo compartment, and requires that a Class E cargo compartment 

may not be on any airplane other than one utilized exclusively for the carriage of cargo.

Discussion:

1. The central point of this petition is to permit access to the main cargo deck during flight, 

under specific limitations.
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2. This petition envisions no change to the ―classification‖ of the main cargo deck as Class E. 

3. This petition proposes specific limitations that, when complied with, allow main cargo deck 

access during flight phases for specific purposes. A summary is provided:

a. Supernumeraries. These persons will meet the criteria listed above in our paragraph on 

25.785.

b. Alerting system. A visual/aural system will be in place to alert Supernumeraries on 

the main cargo deck when to return to seat and to don oxygen.

c. Smoking is prohibited on the main cargo deck during all phases of flight.

d. Protective Breathing Equipment (PBE) per 25.1439 with protective masks will be 

stored on the upper deck and required to be carried at all times by Supernumeraries, 

while on the main cargo deck. 

e. Fixed O2 masks. A fixed oxygen source (drop mask) will be available at each upper 

deck TT&L seat.

f. Smoke barrier. The smoke barrier between the upper deck and main cargo deck must 

remain in place at all times, except during passage between the areas.

g. Public Address speakers and interphone capabilities per 25.1423 will be available on 

the main cargo deck.

h. Emergency lighting per 25.812 (foot path and overhead) will be available in the main 

cargo deck and in the path from upper deck to L1.

i. Exit Signage will be modified to the new configuration.

j. First Aid Kit. Additional first aid kits will be located at the front and rear of the Main 

Cargo Deck.

k. Additional fire fighting gear (gloves, fire extinguishers) will be stored on the main 

cargo deck.

l. Appropriate placards and instructions will be posted in the upper deck and main cargo 

deck.

m. A flight manual supplement will contain these operating limitations.

n. An FAA approved training plan will be submitted for approval as part of the STC 

project.

4. Therefore while the classification of the main deck cargo compartment does not change, we 

specifically request to access this area in flight under limitations listed above.

h. 25.1447(c)(1) (25-41) 

Automatic presentation of O2 masks. While the upper deck will meet this, the main deck cargo area 

will not meet this requirement for supernumeraries while accessing the main cargo deck. 

Discussion:

1. When supernumeraries are seated in their seats or while in the lavatory on the upper deck, 

self-presenting oxygen masks indicate the need to don an oxygen mask. Since self-presenting 

oxygen masks are not available to persons entering the Class E compartment, the 

Decompression & Fire-Smoke alert system (subpara 5.a.3 above) that indicates to 

compartment occupants the need to immediately don oxygen for either a decompression event 

or fire/smoke, that they are required to carry while in the main cargo compartment. 

2. Supernumeraries will be trained regarding the location and use of the oxygen equipment and the 

alert conditions requiring their use. 
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3. While in the class E compartment, supernumeraries are required to carry their oxygen equipment

on their person. These oxygen equipment will be stored in a specified location, easily accessible to 

supernumeraries, in close proximity to the cargo stair. There will be at least one portable oxygen 

unit, with a mask connected to it, provided for each supernumerary allowed to enter the main deck 

Class E cargo compartment during flight; with an additional 2 units to meet the 10% overage 

requirement of 25.1447.

4. The portable oxygen device will meet the performance standards of §§ 25.1443(a) or (b), or the 

equipment will be shown to protect the supernumerary from hypoxia at the activity level required to 

return to his or her seat following a rapid decompression to 40,000 feet cabin altitude. An example of 

a device that meets this criteria is the AVOX Systems portable O2 cylinder MA-1 p/n 9000A-3 with 

mask 358, used by USAF and designed for use with masks at altitudes to 43,000 feet by moderately 

active flight personnel – or up to 45,000 feet in extreme emergency situations of short duration. 

a. See AVOX Systems http://www.avoxsys.com/pdf/products/portable-oxygen-systems/MA-1-

PN-9000A-3-portable-oxygen-cylinder-and-regulator.pdf 

Figure 4 AVOX Systems MA-1 and Mask 358

5. As we propose to use the same alert for both decompression and smoke/fire, the portable oxygen 

device will meet the protective breathing equipment (PBE) requirements in §§ 25.1439(b)(1), (2), and 

(4 and the PBE equipment will be designed to prevent any inward leakage to the inside of the 

device and prevent any outward leakage causing significant increase in the oxygen content of the 

local atmosphere (i.e., full face mask type.)

6. The oxygen units will also meet the intent of § 25.1449, which states that there must be a means 

for the crew to determine whether oxygen is being delivered to the dispensing units. We propose 

to include in the mandatory supernumerary training, how to make this determination and to 

provide oxygen flow indication in the oxygen equipment. 

7. Class E cargo compartments are usually remote from the flight deck and encompass the entire 

interior of the airplane. The means of controlling fires that might occur in the cargo 

compartment is to starve the fires of oxygen. This is accomplished by depressurizing the 

airplane and maintaining an altitude that will not support combustion. Due to the manner in 
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which fire in the cargo compartment is to be controlled, supernumeraries (persons) on the airplane 

will have been found physically fit by the operator. 

8. In all cases, there must be suitable means of preventing smoke penetration into areas that are 

occupied. The petitioner’s design accounts for this by proposing a barrier, which must comply 

with the smoke penetration requirements for the flight deck and the supernumerary 

compartment. This configuration is intended to allow supernumeraries to enter the Class E 

cargo compartment and hence open the smoke barrier between the cargo compartment and the 

supernumerary compartment. The smoke barrier will automatically close and remain closed at 

all times, except during passage. A placard indicating that the smoke barrier is to be secured 

(i.e., the door or curtain must be closed) at all times, will be posted in a conspicuous place, 

either on or next to the smoke barrier. 

9. Smoking will not be permitted on the main cargo deck during any phase of flight.

10. Alerting. The alerting scheme has been proposed in subparagraph 5.a.3, above.

11. We therefore request relief from this rule under the limitations listed above, automatic 

presentation of O2 masks.

6 SPECIFIC REGULATIONS IN COMPLIANCE

This section discusses regulations for which our STC will be in compliance, but are significant issues 

to aid FAA assessment of our Petition for Exemption.

a. 25.561(c) 

Requires that cargo items in the main deck must be positioned so that if they break loose, they will be 

unlikely to . . . nullify any of the escape facilities provided for use after an emergency landing; and 

when such positioning is not practical each such item of mass shall be restrained under all loads up to 

those specified in paragraph 25.561 (b)(3). The local attachments for these items should be designed 

to withstand 1.33 times the specified loads if these items are subject to severe wear and tear through 

frequent removal (e.g. quick change interior items).

Discussion:

1. This loading diagram of the main cargo deck is a sample showing possible loading conditions 

on the Main Cargo Deck of this 747-400F, and illustrates horse box locations possible in one 

of the loading scenarios. It is used in this document only to discuss relative positions of cargo 

locations in relation to the existing L1 door.

Figure 5 Sample cargo loading in 747-400F, Main Deck
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2. The stair from the upper deck is located forward of position CL, on the left side, adjacent to 

position B1 and aft of positions A1, A2. 

3. More than eight persons on upper deck. When more than eight personnel are seated on the 

upper deck for TTL and therefore the escape path via the stair to L1 is required; We propose 

to establish below limitations in the weight and balance manual as well as flight manual 

supplement, and show by analysis that our installation is in compliance.

a. Cargo in positions A1, A2, B1 shall be limited by weight and fittings to meet the 

25.561 loading criteria in the direction that may impact the stair. As required new 

attachment fittings will be installed that meet the necessary loading criteria in 

compliance with 25.561(b) load factors. 

i. For positions A1 & A2, we expect no changes to weight limitations as these 

cargo spots are forward of the stair, therefore subject to a load factor of 1.5G in 

the aft direction to impact the stair, and A1 & A2 are already approved at 1.5G 

load factor as documented in the weight and balance manual. We shall show 

this by analysis.

ii. For position B1, we anticipate cargo weight limitations in this cargo location

that will apply a required load factor of 6G sideward to cargo in this location to 

ensure that loads do not impact the escape path of the stair. We shall show this 

by analysis, and provide necessary limitations in the flight manual and weight 

and balance manual supplements.

b. Main cargo deck positioning shall be limited as follows.

c. The first two cargo positions (CL & CR) will remain empty during any flight where 

more than 8 persons are on the upper deck for TTL (and therefore egress path will 

include the stair/L1 door exit). In place of these cargo positions we shall engineer and 

install a barrier that is shown to support at least a 9G load with respect to the 

maximum load available for the next two cargo positions (DL & DR); this new barrier 

will be attached to the fuselage as well as to the floor structure. This barrier shall be 

shown to meet the full 25.561 loading in the most stringent case that may affect the 

stair/emergency escape path (Forward 9.0g). The local attachments for this barrier and 

for the cargo in CL and CR positions will be shown to withstand 1.33 times the 

specified loads if these items are subject to severe wear and tear through frequent 

removal (e.g. quick change interior items). We expect this will impact floor structure, 

sidewalls and ceilings and attach to airframe structure, and we will modify the 

structure as necessary, and approve by analysis all necessary changes. We shall 

establish the appropriate limitations in the weight and balance manual as well as flight 

manual supplement, and show by analysis that our installation is in compliance.

d. The next aft two cargo positions (DL & DR) will remain be loaded with a load limited 

to a weight equivalent to that of one horsebox and one horse apiece during any flight 

where more than 8 persons are on the upper deck for TTL (and therefore egress path 
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will include the stair/L1 door exit). We will engineer and install modifications to 

cargo tie down systems such that each item of mass shall be restrained under all loads 

up to those specified in paragraph 25.561 (b)(3); The local attachments for these items 

will be designed to withstand 1.33 times the specified loads if these items are subject 

to severe wear and tear through frequent removal (e.g. quick change interior items). 

The new load limits in these positions will be lower than original load limits such that 

these loads multiplied by a 9G factor will be equal to or less than the original load 

limits in these positions multiplied by a 1.5G factor.

e. The remaining rows of cargo positions will be constrained by the existing W&B 

restrictions; These remain approved at the original load factors for the Main cargo 

Deck (e.g. 1.5G) per the Boeing W&B manual of the Type Certificate. As these are 

already restrained to 1.5 G factor and they are aft of the DL & DR positions and they 

are also aft of the newly installed CL & CR barrier, then in accord with 25.561 these 

are judged to be unlikely to nullify the escape path. 

4. Eight or less persons on upper deck for TTL. When eight or less persons are onboard then the 

L1 path is not required for emergency egress, then current approved aircraft limitations for 

weight and balance, cargo loading and evacuation apply. 

7 PUBLIC INTEREST

Safety is the primary concern of the modification. Safety requirements of the original type 

certification of the aircraft will be complied with, as defined by the aircraft type certificate data sheet 

A20WE; as modified by limitations and mitigations listed above. There are no adverse effects 

anticipated from the exemption petition that are not mitigated by our proposals listed above.

The Owner and Operator of the aircraft intends to use the aircraft to transport horses, including race 

horses, show horses, and bloodstock. These animals are very valuable, many worth over one million 

dollars each. The animals cannot be properly insured nor cared for during travel unless there are a 

sufficient number of qualified handlers on board who can access the animals during flight. 

Based in a Middle East country, the owner’s flight team travels to world class events worldwide using 

other aircraft currently. The interest of the petitioner is in providing a level of safety for the animals 

and aircraft that will allow his service to support all international events which involve a large 

number of race or show horses. The Boeing 747-400F current has provisions for 6 people on the 

upper deck but no approved means for ―supernumerary‖ with access to the main cargo deck for care 

of cargo. 

For safety reasons, the International Air Transport Association (IATA) recommends that for up to 

four pallets, one experienced groom be provided for each pallet of horses. For more than four pallets 

of horses, it is at the discretion of the carrier and the shipper to determine the optimum requirement. 

The safe transport of large numbers of horses by air therefore requires the carriage of a commensurate 

number of qualified handlers on the main deck. The Owner/Operator has planned that, with 15 
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supernumeraries on the aircraft, the horses carried will be adequately cared for in all cases of 

expected transport.

The carriage of an appropriate number of animal handlers aboard an aircraft to monitor and to attend 

to the special requirements of live animal cargo, especially race horses and show horses, serves the 

public interest in raising the level of safety of the livestock, the airplane, the flight crew, and 

consequently, the public in general.

This exemption, therefore, serves the public interest for safety reasons and also for increased air 

freight deliveries of these animals internationally.

 

Other owners/operators may have a similar interest in this solution as there is clear economic benefit 

to both owners/operators as well as this installation activity and the overall US economy from this 

modification. Increased economic action is of clear public interest to the United States.

Since the passengers aboard these airplanes will not be revenue paying customers of commercial forhire airlines, but rather employees of the owner operator and specifically trained, there is no 

degradation to airline passenger safety and therefore no detrimental impact the public at large. 

Indeed, the supernumeraries are already employees of the Owner/Operator.

The project in question on this Boeing 747-400F is a case of the special market in which BaySys 

works. Owners and operators require configurations that use interior space in ways not anticipated in 

the original TCDS configurations which, in this case include access to the main cargo deck during 

flight in support of animal care. In order to satisfy the customer requirements and maintain our 

marketing competitiveness, BaySys Technologies, LLC seeks to accommodate this configuration 

while providing an adequate level of safety for the flight crew and supernumeraries. 

BaySys Technologies, LLC is a small and growing company based in Virginia that provides 

engineering, certification and installation on part 25 aircraft. BaySys is the parent company of a part

145 Repair Station and an FAA Part Manufacturer Authority (PMA) certificate. The company 

employs over 50 US citizens and provides strong support to the local economy where these 

employees and facilities are located. Moreover, our facility and operations in the Virginia area key in 

a project led by the County of Accomack, the State of Virginia and universities teamed with the 

NASA Wallops Flight Facility in Virginia to create a new Wallops Research Park. The purpose of 

this new Wallops Research Park is to promote aerospace-related activities and research related 

educational activities that will promote real and sustainable economic growth in this county; BaySys 

is privileged to be a partner in these efforts. Our success in an extremely competitive global economy 

will have a significant positive impact on the local and regional economy. 

This project is work for an ―offshore‖ client, improving the United States’ balance of trade.

Granting this exemption will permit conclusion of this project, which will provide a significant 

income with positive impact on both the local and regional economies. This will aid both in the case 

of this specific project and in future aircraft in this STC.
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Approval of these exemptions will enable this Virginia company working on Transport Category 

Airplanes to effectively compete in this global market. Stability and improved financial performance 

of this Virginia company gives greater job stability to workers employed, thereby providing a 

stabilizing influence to the greater regional and the larger US economy due to the increased consumer 

spending capacity associated with stable workers. Improved financial performance of Virginia owned 

and operated corporations and increased workforce stability translates into continued and improved 

local, state, and federal tax revenues, which in turn add to the stability of the overall United States 

economy. Improved financial performance allows Virginia corporations to continue to invest in 

Research and Development allowing the United States to maintain and improve its competitive 

position in the global economy.

8 REQUEST TO WAIVE PUBLICATION AND PUBLIC COMMENT

For this petitions, BaySys requests that the publication and comment procedures that are required by 

14CFR § 11.29 be waived in accordance with §11.87. In our estimation:

 Granting these petitions would not set precedents;

 These exemptions are near identical to previously granted exemptions, and are already 

recognized by the FAA on similar model aircraft (1870, 8536, 8587)

 The issues are non-controversial;

 Delaying approval will delay the engineering deliverable which will delay the scheduled 

completion of this project, with resulting schedule backups and additional expense;

 The inherent delaying action caused by publication in the Federal Register may cause delays in 

modifying the 747-400F and thereby require multiple aircraft to fulfill the project missions. 

 Our petitions have been filed in a timely manner, within days of assignment of ACO project 

number to support of delivery to meet customer schedule requirements.

In keeping with our program schedule, we request that review and decision be made as soon as 

possible.

9 SUMMARY 

The following summary is presented in support of publication in the Federal Registry.

Sections of 14 CFR affected:

 25.785(d) (amendment 25-64), 

 25.807(c)(1) (25-67), 

 25.807(c)(5) (25-67), 

 25.809(f)(1) (25-47), 

 25.813(b) (25-46), 

 25.813(e) (25-46),

 25.857(e) (25-60), 

 25.1447(c)(1) (25-41) 
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Descriptions of relief sought: 

Petitioner requests relief from the requirements of 

 25.785(d) (amendment 25-64), relief from requirement for a firm handhold on the main cargo 

deck while occupied in flight;

 25.807(c)(1) (25-67), relief from the requirement of having two Type III exits, one on each 

side, on the upper deck;

 25.807(c)(5) (25-67), relief from the requirement for Type III exit in lieu of Type IV due to 

over wing constraints on upper deck;

 25.809(f)(1) (25-47), relief from an automatic assist mechanism (slide) from Emergency exits 

on upper deck;

 25.813(b) (25-46), relief from a the requirement for an assist space next to emergency exits 

on upper deck;

 25.813(e) (25-46)Prohibits installation of interior doors between passenger compartments 

and exits;

 25.857(e) (25-60), Restriction on Class E cargo Compartment use for cargo only; 

 25.1447(c)(1) (25-41), relief from automatic presentation of O2 masks while in cargo bay.

 In addition, the petition has proposed a definition of Supernumeraries who may have limited 

access to the main deck cargo compartment, that mirrors the classifications listed in 14CFR 

121.583 (a) (1) through (a)(7), given specific operational limitations and conditions.

BaySys Technologies respectfully submits this Petition for Exemption as regards this project 

ST15315LA-T. We believe that the mitigations we have presented will provide a level of safety 

adequate to protect all crew and supernumeraries in this aircraft.

Sincerely,

Nick Olmsted

Director of Certification

Telephone: +1 757-709-1813

Email: nick.o@baysys.aero

cc: 

Manager, FAA Los Angeles Aircraft Certification Office